4 Isr. L. Rev. 61 (1969)
Can the Knesset Adopt a Constitution Which Will Be the Supreme Law of the Land

handle is hein.journals/israel4 and id is 75 raw text is: CAN THE KNESSET ADOPT A CONSTITUTION WHICH WILL BE
By Eliahu Likhovski*
In an article published in an earlier issue of this Review,' the question was
raised whether the courts of Israel have finally reached a conclusion on the
question of their own power of judicial review of legislative measures passed
by the Knesset. It was submitted that the question should be solved by a
political rather than a judicial decision.
In the present article it is intended to examine a hypothetical constitutional
question, namely, can the Knesset, acting within the framework of the existing
legal system, adopt or develop a written, rigid Constitution which would be-
come the supreme law of the land and which would be effectively protected
by the courts?
Let us define the exact limits of this question. In the first place, the Consti-
tution will not be merely a collection of the principal legal rules that govern
the government,2 which will be collected into one consolidated measure,'
and enacted by the Knesset as a legislative measure3 intituled a law of the
Knesset or a Basic law; it will have a status superior to any other law of the
Secondly, it is assumed, for the purposes of this article, that Israel will
continue to follow a course of political and constitutional development not
differing in any marked degree from the course it has hitherto followed. In
other words, there will not develop in Israel new political realities,' which
would steer Israel away from its present constitutional course.
The phrase new political realities need not, as in the case of Ghana (to
which this phrase has been elegantly applied by Mr. Bennion), introduce a
complete break with most prevailing political ideals and institutions. It may
LL. M. (Harv.), Ph.D. (London), Barrister at Law.
1 E. Likhovski, The Courts and the Legislative Supremacy of the Knesset (1968)
3 Is.L.R. 345 (hereinafter cited as Likhovski).
2 Cf. K. C. Wheare, Modern Constitutions (Revised Ed.) 17 (hereinafter cited as
3 See Transition Law, sec. 2; under the provisions of that section a Law must be
signed by the Prime Minister, the Minister charged with its implementation and by
the President of the State (provided such Law does not relate to the latter's powers).
4 Cf. F. A. R. Bennion, The Constitutional Law of Ghana 80.

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